'Grossly unconstitutional': Gupkar Alliance slams Centre's move to amend land laws in J&K

The People's Alliance for Gupkar Declaration on Tuesday condemned the Centre's move allowing all Indians to buy land in Jammu and Kashmir. The Ministry of Home Affairs issued the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020 repealing or substituting 26 laws of the erstwhile state. By omitting 'permanent resident of the state' from Section 17 of the Jammu and Kashmir Development Act, the restriction on the purchase of land by people from outside J&K has been done away with. 

NC, PDP, Congress, CPI(M), JKPC and ANC are a part of the PAGD. Describing the order by the Ministry of Home Affairs as an "unconstitutional move", PAGD spokesperson Sajad Lone opined that this was a massive assault on the rights of the people of J&K and Ladakh. He stressed that the alliance will fight these measures on all fronts. Moreover, Lone slammed the repeal of the J&K Big Landed Estates Abolition Act, which he termed as the "first-ever agrarian reform in the subcontinent". According to him, this was an insult to the sacrifices of thousands of freedom fighters who fought against an autocratic rule.

Here is the Gupkar Alliance's full statement: 

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'Brazen violation of constitutional propriety' 

In the statement, the PAGD spokesperson alleged that the Centre's exercise of powers under the J&K Reorganisation Act, 2019, is a "brazen violation" of the principle of constitutional propriety. To buttress his point, Lone contended that the Union government should have desisted from such actions at a juncture when the Supreme Court is hearing petitions challenging the validity of the decisions taken on August 5, 2019. Lone stated, “The unconstitutional measure is clearly designed as an attempt to preempt the outcome of the challenge before the Supreme Court".

Back then, a presidential notification along with the passage of requisite legislation in both Houses of Parliament resulted in abrogation of Article 370 and 35A. It is pertinent to note that Article 35A allowed the J&K legislature to define the permanent residents of the state who were eligible to acquire immovable property in the state. The PAGD statement also drew attention to the possible detrimental impact on the environment owing to the changes in urban development laws and the creation of security zones. 

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